Building Amendment Act 2012

22  New headings and sections 84 to 84D substituted

• Section 84 and the heading above section 84 are repealed and the following headings and sections substituted:

  “Who may carry out or supervise simple residential building work

  “84 Who may carry out or supervise simple residential building work

  • Simple residential building work under a simple residential building consent must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise the carrying out of building work of that kind.

  “84A Offences relating to carrying out or supervising simple residential building work

  • “(1) A person who is not a licensed building practitioner commits an offence if he or she carries out simple residential building work under a simple residential building consent while not supervised by a licensed building practitioner who is licensed to carry out or supervise the carrying out of building work of that kind.

    “(2) A person who is a licensed building practitioner commits an offence if he or she—

    • “(a) carries out simple residential building work under a simple residential building consent and is not licensed to carry out building work of that kind; or

    • “(b) supervises simple residential building work under a simple residential building consent and is not licensed to carry out or supervise the carrying out of building work of that kind.

    “(3) A person who commits an offence under this section is liable to a fine not exceeding $20,000.

  “84B Offence to engage another person to carry out or supervise simple residential building work if person is not licensed building practitioner

  • “(1) A person commits an offence if that person—

    • “(a) engages another person to carry out simple residential building work under a simple residential building consent; and

    • “(b) knows that the other person is not—

      • “(i) a licensed building practitioner; or

      • “(ii) a licensed building practitioner who is licensed to carry out building work of that kind.

    “(2) A person commits an offence if that person—

    • “(a) engages another person to supervise the carrying out of simple residential building work under a simple residential building consent; and

    • “(b) knows that the other person is not—

      • “(i) a licensed building practitioner; or

      • “(ii) a licensed building practitioner who is licensed to carry out or supervise the carrying out of building work of that kind.

    “(3) A person who commits an offence under this section is liable to a fine not exceeding $20,000.

  “84C Owner must notify names of or change in licensed building practitioners engaged in simple residential building work

  • “(1) Before simple residential building work commences under a simple residential building consent, the owner must give the building consent authority written notice of the name of every licensed building practitioner who is engaged to carry out, or supervise, the simple residential building work under the simple residential building consent.

    “(2) After any simple residential building work commences under a simple residential building consent, the owner must give the building consent authority a written notice if—

    • “(a) a licensed building practitioner ceases to be engaged to carry out or supervise that building work; or

    • “(b) another licensed building practitioner is engaged to carry out or supervise that building work.

    “(3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine not exceeding $20,000.

  “Who may carry out or supervise restricted building work

  “84D Who may carry out or supervise restricted building work

  • Restricted building work must be carried out or supervised by a licensed building practitioner licensed to carry out or supervise restricted building work of that kind except if the owner-builder exemption applies (see section 90D).”